Motion For Temporary Injunction

70 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• 3299 N. Fed. Hwy., Inc. v. Bd. OF Cnty. Comm'rs OF Broward Cnty.
  646 So. 2d 215· Fla. 4th DCA· 1994-09-09 ·cited 43×
  Two nude dancing nightclubs and three dancers challenged Broward County's newly adopted Adult Entertainment Code by seeking a temporary injunction to prevent its enforcement. The Fourth District Court of Appeal affirmed the trial court's denial of the injunction, finding that app
• Jordan Chapel Freewill Baptist Church v. Dade Cnty.
  334 So. 2d 661· Fla. 3d DCA· 1976-06-22 ·cited 41×
  Jordan Chapel Freewill Baptist Church and thirty-six other organizations challenged Dade County Ordinance No. 75-50, which regulated bingo games operated by charitable organizations. The trial court denied their request for a permanent injunction, upholding the ordinance as a val
• Atomic Tattoos, LLC v. Morgan
  45 So. 3d 63· Fla. 2d DCA· 2010-09-10 ·cited 32×
  Atomic Tattoos sought enforcement of a restrictive covenant against a former independent contractor tattoo artist who opened a competing business within the restricted geographic area and solicited the company's customers. The appellate court reversed the trial court's denial of
• Sanwa Bank, Ltd. v. Shigeru Kato
  734 So. 2d 557· Fla. 5th DCA· 1999-06-04 ·cited 26×
  Sanwa Bank appeals a lower court's dismissal of its action against Kato and Florida-based golf course companies on forum non conveniens grounds, and also appeals the denial of a temporary injunction. The appellate court reverses the forum non conveniens dismissal, finding Japan i
• DePUY Orthopaedics, Inc. v. Waxman
  95 So. 3d 928· Fla. 1st DCA· 2012-08-03 ·cited 25×
  DePuy Orthopaedics appealed a trial court's denial of its motion for a temporary injunction to enforce non-compete covenants against three former sales representatives. The appellate court reversed and remanded, holding that the non-compete covenants were properly assigned to DeP
• Love v. Allis-Chalmers Corp.
  362 So. 2d 1037· Fla. 4th DCA· 1978-10-04 ·cited 25×
  The court held that the trial court abused its discretion by entering summary judgment when the record contained genuine issues of fact and evidence contradicting the technical admissions.
• DON King Prods., Inc. v. Chavez
  717 So. 2d 1094· Fla. 4th DCA· 1998-09-15 ·cited 24×
  The statutory presumption of irreparable injury for breach of a restrictive covenant is rebuttable, not conclusive.
• Lovell Farms, Inc. v. Levy
  641 So. 2d 103· Fla. 3d DCA· 1994-02-15 ·cited 23×
  Lovell Farms sought a temporary injunction to prevent a former employee from working for a competitor and using alleged trade secrets in flower growing techniques. The court affirmed the denial of the temporary injunction but granted certiorari, quashing the denial of a protectiv
• Seminole Ent., Inc. v. City OF Casselberry
  811 So. 2d 693· Fla. 5th DCA· 2001-11-30 ·cited 21×
  Seminole Entertainment, Inc. appeals the denial of its temporary injunction against the City of Casselberry's revocation of its adult entertainment license. The court reversed, finding that the revocation hearing violated due process because the presiding mayor exhibited bias and
• Gawker Media, LLC v. Bollea
  129 So. 3d 1196· Fla. 2d DCA· 2014-01-17 ·cited 19×
  Florida appellate court reversed a state court's temporary injunction that prohibited Gawker Media from publishing a report and video excerpts about professional wrestler Hulk Hogan's extramarital affair, holding that the injunction constituted an unconstitutional prior restraint
• Jamlynn Invs. Corp. v. San Marco Residences of Marco Condo. Ass'n, Inc.
  544 So. 2d 1080· Fla. 2d DCA· 1989-06-09 ·cited 19×
  A commercial lessee of a condominium unit sought a temporary injunction to prevent the condominium association from eliminating its allocated parking spaces. The trial court denied the motion based on lack of standing, but the appellate court reversed, holding that the lessee had
• William O. Murtagh, M.D. v. Hurley
  40 So. 3d 62· Fla. 2d DCA· 2010-07-07 ·cited 18×
  Dr. Murtagh sought a temporary injunction to prevent his former patient Hurley from making allegedly defamatory statements to his patients and prospective patients, claiming tortious interference with business relationships. The court held that while injunctive relief is availabl
• Fla. Hematology & Oncology v. Rambabu Tummala, M.D.
  927 So. 2d 135· Fla. 5th DCA· 2006-04-21 ·cited 16×
  The Fifth District affirmed a trial court's denial of a preliminary injunction enforcing a non-compete covenant against a former oncologist/hematologist. The court held that referring physicians do not constitute a 'legitimate business interest' under Florida Statute § 542.335, a
• ST. Johns Inv. Mgmt. Co. v. Albaneze
  22 So. 3d 728· Fla. 1st DCA· 2009-11-13 ·cited 15×
  St. Johns Investment Management Company appealed the denial of its motion for a temporary injunction seeking to enforce noncompete provisions against former CEO David Albaneze. The trial court concluded the noncompete covenants expired with the four-year employment term, but the
• Shafer v. Shafer
  898 So. 2d 1053· Fla. 4th DCA· 2005-03-16 ·cited 14×
  A mother appeals a trial court's temporary injunction preventing her relocation from Lake Worth to Orlando with her nine-year-old son while she attends law school. The Fourth District Court of Appeal affirms, holding that the detailed visitation schedule in the final judgment imp
• Dennis K. King, M.D., P.A. v. John G. Jessup, M.D.
  698 So. 2d 339· Fla. 5th DCA· 1997-08-15 ·cited 14×
  Dr. King sought a temporary injunction to enforce a covenant not to compete against his former employee Dr. Jessup, who opened a competing medical practice nearby. The trial court denied the injunction, and the appellate court affirmed, holding that Dr. King failed to demonstrate
• Graphic Bus. Sys., Inc. v. Rogge
  418 So. 2d 1084· Fla. 2d DCA· 1982-08-04 ·cited 14×
  Graphic Business Systems appealed the denial of a temporary injunction against a former employee, Lynn Rogge, who violated a noncompetition agreement by working for a competitor. The court held that Graphic presented a prima facie case warranting injunctive relief and that irrepa
• Harris v. Twentieth Century-Fox Film Corp.
  139 F.2d 571· 2d Cir.· 1943-11-10 ·cited 14×
  The court held that the District Court erred in disallowing statutory fees for depositions admitted into evidence.
• Galencare, Inc. v. Bayfront HMA Med. Ctr, LLC
  Fla. 1st DCA· 2018-01-02 ·cited 13×
  A competitor hospital seeking a temporary injunction against a rival's provisional trauma center operations failed to establish a substantial likelihood of success on the merits because the statutory framework does not require the Department to consider whether trauma center posi
• Glasswall, LLC v. Monadnock Constr., Inc.
  187 So. 3d 248· Fla. 3d DCA· 2016-01-27 ·cited 11×
  Glasswall appeals orders denying its motion for a temporary injunction to stay a New York arbitration and granting a stay of Florida circuit court cases pending arbitration. The court affirms, finding that the parties' incorporation of the AAA's Construction Industry Arbitration
• Manatee Cnty. v. 1187 Upper James OF Fla., LLC
  104 So. 3d 1118· Fla. 2d DCA· 2012-11-16 ·cited 11×
  Manatee County appealed the denial of its motion for a temporary injunction requiring a restaurant to comply with entertainment restrictions in a county ordinance. The Second District reversed, holding that the County established a likelihood of success on the merits and that the
• City OF Miami v. Coll
  546 So. 2d 775· Fla. 3d DCA· 1989-07-18 ·cited 11×
  Sandra Coll, a City of Miami employee, was discharged after reporting alleged malfeasance by city officials. The trial court issued a temporary injunction reinstating her pending resolution of her whistleblower claim. The appellate court reversed because the trial court failed to
• Smart Pharmacy, Inc. v. Viccari
  213 So. 3d 986· Fla. 1st DCA· 2016-05-31 ·cited 10×
  Smart Pharmacy appealed the trial court's denial of its motion for a temporary injunction against a former employee and his new employer for breach of a noncompete agreement and misappropriation of trade secrets. The appellate court reversed, holding that Smart Pharmacy establish
• Silver Express Co. v. The Dist. Bd. OF Lower Tribunal Trs. OF Miami-Dade Cmty. Coll.
  691 So. 2d 1099· Fla. 3d DCA· 1997-03-19 ·cited 10×
  Silver Express Company appealed the denial of a temporary injunction seeking to block Miami-Dade Community College from awarding a contract to Husta International Aviation after the College's purchasing committee evaluated proposals in a closed meeting. The court reversed the den
• Russenberger v. Russenberger
  654 So. 2d 207· Fla. 1st DCA· 1995-04-21 ·cited 10×
  Cynthia Russenberger appeals an order prohibiting her relocation with the couple's five children from Pensacola, Florida to Suffern, New York, and imposing a standard visitation schedule. Ray Dean Russenberger cross-appeals an order denying his motion for psychological evaluation
• Surgery Ctr. Holdings, Inc. v. Guirguis
  318 So. 3d 1274· Fla. 2d DCA· 2020-12-11 ·cited 9×
  The appellate court reversed in part an order denying a motion for a temporary injunction. The court found that the trial court erred in concluding that two restrictive covenants were not violated, specifically a nonsolicitation provision and a noncompete provision. The case was
• Evergreen the Tree Treasurers OF Charlotte Cnty., Inc. v. Charlotte Cnty. Bd. OF Cnty. Comm'rs
  810 So. 2d 526· Fla. 2d DCA· 2002-01-18 ·cited 8×
  Petitioners challenged the Charlotte County Developmental Review Committee's approval of a housing development project that involved removal of heritage trees, arguing the DRC violated procedural due process and Florida's Sunshine Law by approving the project before allowing publ
• Coastal Computer Corp. v. Team Mgmt. Sys., Inc.
  624 So. 2d 352· Fla. 2d DCA· 1993-09-15 ·cited 8×
  Coastal Computer Corporation sought a temporary injunction to enforce noncompetition provisions in employment agreements with the Tuttles, but the trial court denied the motion, finding the agreements provided an exclusive remedy of forfeiture of benefits rather than injunctive r
• H & M Hearing Assocs., LLC v. Nobile
  950 So. 2d 501· Fla. 2d DCA· 2007-03-02 ·cited 7×
  H & M Hearing Associates appeals the trial court's denial of a temporary injunction against former employee Nobile for violating a covenant not to compete. The court reverses and remands because the trial court failed to address whether Nobile's ongoing financial support and guar
• Open Magnetic Imaging, Inc. v. Myrta Nieves-Garcia
  826 So. 2d 415· Fla. 3d DCA· 2002-08-07 ·cited 7×
  OMI appeals the denial of its motion for a temporary injunction to prevent a former employee from working for a competitor in violation of a non-compete agreement. The trial court denied the injunction based on two grounds: OMI's failure to disclose the non-compete requirement in
• Bautista REO U.S., LLC v. ARR Invs., Inc.
  229 So. 3d 362· Fla. 4th DCA· 2017-07-19 ·cited 6×
  Bautista REO U.S., LLC appeals a trial court's order granting a temporary injunction that required it to release a $250,000 collateral mortgage. The Fourth District Court of Appeal reversed, finding that ARR Investments failed to establish irreparable harm and that an adequate re
• Americas Homes, Inc. v. Esler
  668 So. 2d 239· Fla. 5th DCA· 1996-02-09 ·cited 6×
  Americas Homes appealed the denial of a temporary injunction to remove a sign posted by homeowners (the Eslers) on their property warning of local flooding. The court affirmed, holding that the sign constituted constitutionally protected free speech under the First Amendment and
• Amnesia Int'l, LLC v. City of Miami Beach
  338 So. 3d 1022· Fla. 3d DCA· 2023-10-25 ·cited 5×
  A trial court properly denies a temporary injunction when the movant fails to establish all four required elements: substantial likelihood of success on the merits, unavailability of an adequate remedy at law, irreparable harm absent the injunction, and that the injunction serves
• Shake v. YES WE ARE MAD Grp., Inc.
  315 So. 3d 1223· Fla. 4th DCA· 2021-04-21 ·cited 4×
  Former business partners disputed control of certain clients under a dissolution agreement. The movant filed a motion for temporary injunction without first filing a complaint, and the trial court granted the injunction without making specific factual findings. The appellate cour
• Picture it Sold Photography, LLC v. Bunkelman
  287 So. 3d 699· Fla. 4th DCA· 2020-01-08 ·cited 4×
  Picture It Sold Photography appeals the denial of a temporary injunction to enforce a non-solicitation and non-compete agreement against former independent contractor Scott Bunkelman. The trial court found the restrictive covenants reasonable and that Bunkelman violated them, but
• Spencer Pest Control Co. OF Fla., Inc. v. Smith
  637 So. 2d 292· Fla. 5th DCA· 1994-04-29 ·cited 4×
  Spencer Pest Control sought an injunction to enforce a noncompete agreement against its former manager Lewis Smith. The trial court denied the temporary injunction for lack of showing of irreparable injury, and the appellate court affirmed, holding that irreparable injury cannot
• Pinch-A-Penny OF Pinellas Cnty., Inc. v. Chango
  557 So. 2d 940· Fla. 2d DCA· 1990-03-09 ·cited 4×
  Pinch-A-Penny appeals the trial court's denial of a temporary injunction to enforce noncompetition agreements against former employees who went to work for a competitor. The appellate court reversed, holding that Pinch-A-Penny established all elements for a preliminary injunction
• BRICEÑO v. Bryden Invs., Ltd.
  973 So. 2d 614· Fla. 3d DCA· 2008-01-23 ·cited 3×
  Briceño appeals the denial of his motion for a temporary injunction to preserve accrued interest on funds he claims are subject to a constructive trust. The court affirms, holding that the res of an alleged constructive trust is limited to the principal funds, not accrued interes
• S. Fla. Water Mgmt. Dist. v. City OF ST. Cloud
  550 So. 2d 551· Fla. 5th DCA· 1989-10-26 ·cited 3×
  The City of St. Cloud challenged the South Florida Water Management District's denial of its petition for a formal administrative hearing regarding well construction permits issued to a private party. The court affirmed the trial court's grant of a temporary injunction but revers
• Joseph Spine, P. A. v. Moulton
  346 So. 3d 154· Fla. 2d DCA· 2022-06-29 ·cited 2×
  The appellate court reversed a trial court's denial of a temporary injunction, finding that the medical practice, Joseph Spine, P.A., was entitled to a presumption of irreparable harm due to a former physician's (Dr. Moulton) violation of restrictive covenants in his employment a
• Fla. Digestive Health Specialists, LLP v. Ramon E. Colina, M.D.
  192 So. 3d 491· Fla. 2d DCA· 2015-11-04 ·cited 2×
  FDHS and Dr. Colina's LLC challenged a trial court's partial denial of a temporary injunction to enforce a restrictive covenant against Dr. Colina's employment with IMG, a large multi-physician medical group. The Florida appellate court reversed the trial court's refusal to enfor
• Martinez v. Cramer
  121 So. 3d 580· Fla. 4th DCA· 2013-08-07 ·cited 2×
  Florida's appellate court held that counsel must be appointed to an alleged incapacitated person at the time an emergency temporary guardian is appointed, not later. The court reversed the trial court's order appointing an emergency temporary guardian without first providing coun
• Miami-Dade Cnty. v. Concrete Structures, Inc.
  114 So. 3d 333· Fla. 3d DCA· 2013-05-15 ·cited 2×
  Miami-Dade County appeals a temporary injunction that prohibited it from enforcing notices of violation and accessing Concrete Structures, Inc.'s property for environmental inspections. The court vacated the injunction, holding that the company failed to meet any of the four requ
• Joel Salamon, M.D. v. Anesthesia Pain Care Consultants, Inc.
  10 So. 3d 1112· Fla. 4th DCA· 2009-04-15 ·cited 2×
  A physician appeals a temporary injunction enforcing a non-compete provision in his employment agreement with his former employer. The trial court granted the injunction, finding sufficient evidence of the doctor's breach of the restrictive covenant, and the appellate court affir
• Smith v. Crider
  932 So. 2d 393· Fla. 2d DCA· 2006-04-07 ·cited 2×
  Mother appealed an order denying her motion to dissolve an ex parte temporary injunction that modified a final dissolution judgment by awarding father temporary sole parental responsibility and prohibiting mother from removing the children from jurisdiction. The appellate court r
• Shaw v. Shaw
  816 So. 2d 540· Fla.· 2002-04-18 ·cited 2×
  The Fourth District Court of Appeal erred in discharging its conflict jurisdiction, as the majority opinion failed to address a direct conflict between district court decisions regarding whether a parenting course must be specifically pled before being ordered. Furthermore, the t
• M & A Mgmt. Corp. v. City OF Melbourne
  653 So. 2d 1050· Fla. 5th DCA· 1995-03-31 ·cited 2×
  M & A Management Corp. challenged a City of Melbourne ordinance limiting bingo hall operations to two days per week, arguing the ordinance was an invalid zoning change enacted without proper notice procedures. The court affirmed the denial of the temporary injunction, holding tha
• Consol. Pre-Stressed Concrete, Inc. v. Cnty. OF Volusia
  633 So. 2d 541· Fla. 5th DCA· 1994-03-11 ·cited 2×
  The court held that the temporary injunction was improperly granted with respect to the Land Development Code, Ordinance No. 88-3, as it was not an issue raised by the County.
• Palm Beach Commerce Ctr. Associated, Ltd. v. Walker
  598 So. 2d 165· Fla. 4th DCA· 1992-04-29 ·cited 2×
  A taxpayer seeking to enjoin the issuance of tax certificates pending a challenge to property valuation must demonstrate the good faith of their partial tax payment.
• Cash v. The Surf Club
  436 So. 2d 970· Fla. 3d DCA· 1983-07-26 ·cited 2×
  In this consolidated appeal, the Third District Court of Appeal reversed the trial court's denial of preliminary and temporary injunctions sought by property owners to prevent the Surf Club from disposing of their proprietary interests, while affirming the stay of the action pend